Disposed

Despal v. State of U.P. and Another

Allahabad HC20 Feb 2023A482/4780/2023

Case brief

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What is this about?

The High Court disposed of an Section 482 Cr.P.C. application where the applicant withdrew the challenge to charges and sought protection to surrender. The court directed exemption from arrest for six weeks or until surrender, with expedited bail consideration.

What did the court decide?

Exemption from arrest for six weeks or until surrender, with direction to decide bail application expeditiously.

Despal Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 4780 of 2023

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Applicant :- Despal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Sarvajeet Singh, learned counsel for the applicant, Mr. Pankaj Srivastava, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 22.09.2022 as well as cognizance/summoning order dated 09.12.2022 in Case No.26468 of 2022, arising out of Case Crime No.220 of 202022, under Sections 308, 324, 323, 325 IPC, Police Station-Binawar, DistrictBadaun, pending in the Court of 3rd Additional Civil Judge (Junior Division)/Judicial Magistrate, Budaun.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another,

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reported in (2021) 10 SCC 773.

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 20.2.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Despal v. State of U.P. and Another

Case brief

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Despal v. State of U.P. and Another

Case brief

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